Landlord Registration - Scotland

theartfullodger

macman said:

In English law, there has to be a 'consideration' in order to create a tenancy. That can be cash, goods or services in exchange. Without that, the tenancy does not exist, and so the owner is not a landlord, and the occupier is not a tenant. So, no requirement to register.
I have no idea if Scottish law varies in this respect or not.

Indeed: I'm a landlord in Scotland & England.  In this case the "consideration" would be being allowed to live in another property - gorra be worth hundreds/month, if not more.

Agusya

CLB2013 said:

Hello

I wonder if someone could clarify something for me.
My father currently lives in a house that we pay a mortgage on.  No money has changed hands for rent.  We live in his property that he has no mortgage on, again no money has ever changed hands for rent.  Both parties cover the council tax & utilities for the property that they occupy.  
We have always been led to believe what we are doing is legal and above board.  Today we have received a letter stating that it has came to the LA's attention that we are renting out said property and will need to apply for Landlord Registration.  Reading over The Antisocial Behaviour etc.(Scotland) Act 2004 again we still believe that we come under the list of exclusions as
lets to family members (as defined in section 108, Housing (Scotland) Act 2001)  (taken from Registration of Private Landlords: Guidance for Local Authorities, Section 3
Is there anyone around that could give us a little bit of advice? 
Thanks.

How LA has found out ??

user1977

Agusya said:

CLB2013 said:

Hello

I wonder if someone could clarify something for me.
My father currently lives in a house that we pay a mortgage on.  No money has changed hands for rent.  We live in his property that he has no mortgage on, again no money has ever changed hands for rent.  Both parties cover the council tax & utilities for the property that they occupy.  
We have always been led to believe what we are doing is legal and above board.  Today we have received a letter stating that it has came to the LA's attention that we are renting out said property and will need to apply for Landlord Registration.  Reading over The Antisocial Behaviour etc.(Scotland) Act 2004 again we still believe that we come under the list of exclusions as
lets to family members (as defined in section 108, Housing (Scotland) Act 2001)  (taken from Registration of Private Landlords: Guidance for Local Authorities, Section 3
Is there anyone around that could give us a little bit of advice? 
Thanks.

How LA has found out ??

You’re asking someone who last logged in over three years ago. If you have a query of your own, you’d be best to start a new thread.